PEGASUS: A FUTURE OF NO PRIVACY (By-Ayushi Upadhyay)

It takes less than five minutes for the attacker to implant the spyware and infect the person’s device, without the knowledge of the user. Just how dangerous it would be give your control to a complete stranger without you knowing about it. This is what this malefic spyware does. Now, not only individuals but the “largest democracy” in the world is falling prey to a spyware developed by a private company.
For decades the surveillance agencies has been accused for its clandestine nature of working, sometimes being exposed in the public. The software industry has always claimed their assistance to Government but has failed miserably in attaining public trust. The rate at which this spyware is being used is not only violating human rights across the globe but is quite staggering. This issue should be addressed at the international platform, seeking participation and strenuous efforts from more and more countries.
 The functioning of this spyware is ultra vires of the principles established in K.S. Puttasawamy v. Union of India  [1]. The breach of privacy has led to a worldwide rage. It is disheartening to see that the Indian Government has refused to address this issue and has left the questions concerning their involvement and use untouched. Though this issue is pending before the Hon’ble Supreme Court, which has recently formed an Independent Committee of technical experts that will enquire and investigate into this matter thoroughly, stating that Centre cannot always let go of such issues wherever national security is concerned. A bench comprising of Chief Justice NV Ramana and Justices Surya Kant and Hima Kohli stated that there has not been any denial by the Centre regarding this matter. The Committee will also give recommendations and amendments as and when required. According to the report by The Indian Express the bench on selecting the Committee members said, “It would be appropriate to state that in this world of conflicts, it was an extremely uphill task to find and select experts who are free from prejudices, are independent and competent. Rather than relying upon any Government agencies or any, we have constituted the Committee and shortlisted expert members based on bio-data and information collected independently.”[2]
As citizens who are open to these vulnerabilities without adequate accountability from the government, we need to start pushing for a surveillance reform and the need for a judicial
 
 
 
oversight in our surveillance framework. As of now everything is done by the Executive, including the review or the interception Orders. There is a critical need for judicial oversight of all interception rders like there is in the United Kingdom. The surveillance orders must be reviewed and approved by a judge before it can be enforced.[3]
Since we have unconditionally rooted ourselves to technology and gadgets, it is somewhat unfeasible to imagine life without it. There are manifold prospects of cutting-edge technology but the consequences comes in free, and even a little default can result into adversity. There is a need of awareness among people about their privacy rights, accurate knowledge can help in highlighting the fact that indirectly we are being deprived of freedom of speech and expression, and as rightly said by George Washington, “If freedom of speech is taken away then dumb and silent we may be led, like a sheep to the slaughter house.” [4]With an ever increasing dependency and screen time, it is very likely that users’ like us are more prone to fall for this spyware. Albeit the fact that the Government has launched various schemes keeping in mind safety of the citizens, risks are always susceptible. Demanding accountability from the Government has visibly become a futile effort. Thus, our safety rests in our own hands.